Rajendra Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9047 of 2017 Arising Out of PS.Case No. -86 Year- 2011 Thana -GOH District- AURANGABAD ====================================================== Rajendra Bhuiyan Son of late Badhu Bhuiyan Resident of Village Kudawan, Police Station- Goh, District-Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-03-2017 Heard the parties.

This application has been filed in connection with Goh P.S.Case No.86 of 2011 for the offence under Sections 147, 148, 149, 341, 323, 379, 384, 435 of the Indian Penal Code and 27 of the Arms Act and 17 C.L.A.

It is submitted on behalf of the petitioner that the petitioner is not named in the F.I.R. and later on, his name transpired in this case only on the basis of confessional statement of the co-accused before the Police and except that there is nothing against the petitioner. He has no criminal antecedent and he is in custody for about seven months.

Heard learned A.P.P. also.

Having heard both sides. In view of the fact that except the

Patna High Court Cr.Misc. No.9047 of 2017 (2) dt.01-03-2017 2/2 confessional statement of the other co-accused before the Police, there is nothing against the petitioner and he has clean antecedent and he has remained in custody for about seven months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M, Daudnagar, Aurangabad in connection with Goh P.S.Case No.86 of 2011. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U